As use of Lasting Powers of Attorney increases dramatically, making best interests decisions poses challenges for more people bring the existing paper-based process online to make the system quicker, easier to access and more secure.
The number of registered Lasting Power of Attorneys has increased dramatically in recent years to more than six million, but for the appointed attorney, acting in another person’s best interests at all times can pose challenges. Lasting Powers of Attorney (LPAs) are legal arrangements that enable a person to grant decision making powers about their health or financial affairs to another person if they lose mental or physical capacity. Last month, the Powers of Attorney Act received Royal Assent and will soon usher in new reforms to simplify and streamline LPAs and
Lucie Glover, a Chartered Legal Executive, specialises in supporting elderly and vulnerable clients at law firm Furley Page. She said: “The use of LPAs has risen dramatically in recent years, in part as a response to the Covid-19 pandemic, and the Government’s forthcoming reforms will make the process easier to navigate, helping even more people to take advantage of these valuable protections. “In practice, making best interests decisions can be easier said than done, and appointed attorneys or court appointed deputies are faced with difficult decisions, such as whether the person should be cared for at home or in a nursing home setting, whether they should receive specific medication, or whether their house should be sold to pay for their care. “Fortunately, the Mental Capacity Act provides guidance and sets out various factors that an attorney must consider when deciding what is in another person’s best interest. It is important to follow
what the Act says, and a solicitor can help attorneys to understand their obligations under the law.” Lucie continued: “Ideally, if you are appointed as someone’s attorney, you should discuss with them in advance what they would like to happen in various situations. However, if this is not possible, there is useful guidance from previous cases in this area of law which can help the attorney to make decisions, such as what the person was like before they lost capacity, what was important to them, what did they like/dislike, and what are their religious, spiritual or ethical beliefs. “If you are appointed under a Health and Welfare Lasting Power of Attorney, the final decision about care or financial matters lies with the attorney(s). This does not, however, prevent any person from contesting your decision if they believe it is not in the best interests of the person you are acting for. In the case of continuing disagreement, an application can be made to the Court of Protection to intervene and make a ruling.” For more information, visit www.furleypage.co.uk.
Brachers advises
SK Underwriting on sale to iprism The Brachers’ team was led by Kieron Cummins (Corporate Solicitor) and Claire Williams (Corporate Partner) and included Lisa Rothon (Employment Senior Associate).
Leading law firm Brachers, a Patron of Kent Invicta Chamber of Commerce, has advised SK Underwriting on its acquisition by managing general agent (MGA) iprism. SK Underwriting Limited is a Kent-based firm offering niche underwriting solutions for agents in the commercial insurance sector. iprism is a specialist Construction, Property, Commercial and private client MGA. Using in-house technology, iprism delivers a suite of insurance products to UK brokers, including through its innovative proprietary brokerage platform.
Brachers has a wealth of experience in insurance sector M&A, advising Amicus Insurance Solutions on its sale to Global Risk Partners earlier this year.
Kieron Cummins, Brachers’ Corporate Solicitor, commented: “I am so pleased to have been a part of the next step for the previous owners of SK Underwriting. It has been fantastic to be a part of their success story and want to wish them many congratulations. Many thanks to all my colleagues for their support on this transaction.” iprism was advised by Cripps and Azets.
Members News
Customers aren’t just for Christmas! Make it your New Year’s resolution to focus on your customers not just the sales this January.
A great deal of resource, budget and energy is spent building and executing marketing campaigns to urge customers to spend as much as possible over Christmas. For some businesses, it’s a key time of the year for sales. Get it right, and two brilliant things happen: • Customers who haven’t shopped with you for a while, some maybe not since last Christmas, shop again. • You acquire new customers. Don’t forget about them in January and beyond - especially as they’ve probably cost you a great deal to acquire. Our evidence shows this to be a crucial time in your relationship. We can’t stress enough the need to create a regular buying habit rather than a oneoff purchase as early as possible. The key to turning sporadic customers into regular ones is to open dialogue – and here’s how: • Engage with them from the start – get to know them, then get to know them better. • Talk ‘to’ them, not ‘at’ them. • Send targeted communications – firing off product-based emails to everyone isn’t effective. • Dynamic communications - update what you talk to them about and when • Know who is a spender and who isn’t – focus your communications and resources accordingly • Upsell – let them know what else you sell and get the timing right. They bought chocolates at Xmas from you – they might like to buy again for a birthday gift later on. • Measure – set the metrics and keep on top of them. Turn this year’s valuable Christmas buyers into all year round customers. insighthouse.co.uk Thinking Business
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